U.N. Bhachawat

I. This is an application under section 438 of the Code of Criminal Procedure (hereinafter referred to as 'the new Code') for enlarging the accused-applicants (hereinafter referred to as the applicants) on bail. This application came to be filed before this court in the following manner.

2. The applicants had on 17th August, 1977, obtained anticipatory bail for the offences under sections 147, 148, 323, 294, and 330 read with section 149 of the Indian Penal Code from the Court of the First Additional Sessions Judge. Jabalpur. Thereafter, against these applicants, who were released on bail on being arrested in view of the said order of anticipatory bail, a challan was filed by the police station officer, Belkheda for the aforesaid offences in the Court of the Judicial Magistrate. Patna on 30-1-78.

3. The Judicial Magistrate Patna vide his order dated 10-8-78 sent the case to the chief Judicial Magistrate, Jabalpur. The relevant excerpt of his order is set out below:-

"Arguments before' charge heard. The allegations against the accused are such which fall within the ambit of sections 395/376, 511, 451, 397 IPC and other sections of the Indian Penal Code.

It is urged t